Regina v Vincent John Virgona [2004] NSWCCA 415

Regina v Vincent John Virgona [2004] NSWCCA 415

Insufficient weight was given to the passage of time, late return to custody, and progress in the applicant's rehabilitation; these constitute special circumstances warranting a reduction in the non-parole period for counts six and seven.

Parties
Applicant: Vincent John Virgona; Respondent: Regina
Jurisdiction
Australia
Judgment Date
29 November 2004
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment
Outcome
Leave to appeal granted; appeal dismissed as to counts 1–5; appeal dismissed as to sentences of imprisonment for counts 6 and 7; non-parole periods of 3 years quashed and substituted with non-parole periods of 2 years and 3 months for counts 6 and 7.
Legal Topics
Sentencing, Postponement of Sentence, Totality Principle, Delay in Prosecution
Criminal Law Sentencing Postponement of Sentence Totality Principle Delay in Prosecution

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Parties

Vincent John Virgona

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 whether sufficient regard was given to delay in prosecuting the applicant
  2. 2 whether proper account was taken of consequences of returning applicant to custody after release
  3. 3 whether sentencing principles of totality, fairness and rehabilitation were properly applied

Ratio Decidendi

Insufficient weight was given to the passage of time, late return to custody, and progress in the applicant's rehabilitation; these constitute special circumstances warranting a reduction in the non-parole period for counts six and seven.

Court Disposition

Leave to appeal granted; appeal dismissed as to counts 1–5; appeal dismissed as to sentences of imprisonment for counts 6 and 7; non-parole periods of 3 years quashed and substituted with non-parole periods of 2 years and 3 months for counts 6 and 7.

Orders

  • Leave to appeal granted.
  • Appeal dismissed as to counts 1–5 inclusive.